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Child custody

modification

Either parent may file a petition to modify a child custody order—but usually only when there is a substantial change in circumstances that affects the child (including changes in one or both of the parents’ lives) that justifies the court revisiting and possibly modifying the earlier child custody order.

The petition to modify child custody generally must be filed in the same court in which the parents’ divorce case was decided. But if the child lives in a different county or state, the courts of the county or state where the child lives may be the proper place to file a petition to modify a child custody order.

In Montana, either parent has the right to file a petition to modify a child custody order if there is a substantial change in circumstances that affects the child's well-being. This could include significant changes in the life of either parent or the child. The court will consider the modification if it is in the best interests of the child. Typically, the petition must be filed in the same court where the original divorce and custody decisions were made. However, if the child has since moved to a different county or state, the petition may need to be filed in the court that has jurisdiction over the child's new residence. It's important for parents to understand that the court's primary concern is the welfare of the child, and any modifications to custody orders will reflect that priority.

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Child custody

modification

Individual & Family Legal Plan

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Montana State Code

Montana State Code

Child custody

modification

Articles